Refund Policies
CDA Aqua Sports and HydroFlyer Return, Refund, Safety and Warranty Policy
Last updated April 30, 2024
Thank you for your purchase and we hope you are happy with your purchase. This document outlines the Warranty, Safety, Return and Refund Policies.
Definitions
As used herein, unless there is something in the subject matter or context inconsistent therewith, the following terms will have the meanings set forth below
A) Order, means a purchase order or online order constituting an official document issued by a buyer committing to pay the seller for the sale of specific products or services to be delivered in the future
B) Products, means merchandise, finished goods or services offered by the Company
C) Purchase Agreement, means a sales contract or a purchase contract, that is a legal document that establishes the parameters of the sale of goods between a buyer and the Company
D) Purchase Price, means price paid by the buyer for the Products of the Company including any applicable sales taxes This document states you agree to purchase, and we agree to sell to you, the Products detailed in the Order on the terms and conditions of this Purchase Agreement and the documents incorporated by reference in this Purchase Agreement.
Payment And Cancellation
The Purchase Price payable will be specified on your Order, including as updated. The Purchase Price will include shipping costs and any applicable taxes. For International orders, there may be additional hazmat, tariff, VAT or other charges that may need to be collected. Any additional fees will be discussed and documented as soon as they are known.
The Products ordered by you will be prepared to the specifications detailed in the Order. However, from time to time, certain Products will not be available or may not be available for a certain period of time. If this is the case, we will contact you to confirm available alternatives.
You may also contact us to request a change to your Order prior to shipment. It is at our full discretion whether we allow changes once you have submitted the Order to us. If we accept any changes, this may result in delays in the shipping and handling of the relevant Products. You will be required to pay any shortfall between the original Purchase Price and the Purchase Price of any alternative Products selected by you. You will be provided with a partial refund if the Purchase Price of the alternative Products is lower than the original Purchase Price.
If any alternative Products are selected by you, our supply to you of those Products will be governed by this Purchase Agreement.
Note: Pre-orders may take 1 or more months to fulfill with lead times that may be 6 months or longer. Due to this CDA Aqua Sports must prepay for all products to secure a ship-date. Once the products are received, they must go through a QA process at our warehouse. Once cleared they will be shipped directly to the customer. The shipping details will be emailed to you as soon as we have a confirmed shipment.
For pre-orders, submit a request for a quote as we will need to discuss this process, the status of inventory and provide our best delivery estimates at the time. Please understand that due to logistics we cannot coordinate any specific shipment until payment has been received and order logistic details reviewed. If these terms are not acceptable, you are welcome to wait until we have products in stock and on hand. Please see below for more information on our return policy.
RETURNS & REFUNDS
Once you have paid the Purchase Price and submitted your Order, you will have 24 hours to request a refund, once that 24-hour period has passed, we will not be able to cancel your order or issue any refund. Returns or refunds will not be provided for shipment rejection, assembled, or used products.
In-stock local purchases may be eligible for a refund, minus credit card or bank fees, up to 72 hours after order is placed, as long as the product is unassembled and in the original shipping cartons. Unboxed or used equipment cannot be refunded or returned.
Orders placed online, over the phone or through Escrow.com will provide for 3-day shipping condition inspection. Damage from shipping must be disclosed immediately to initiate shipping insurance claim. Returns or refunds will not be provided for shipment rejection, assembled, or used products. After shipping inspection period or acceptance, issues with product performance will be managed via the Warranty process.
All payments and orders are final. HydroFlyer offers a 12-month warranty on all parts and manufacturer defects. To claim warranty please read the below section titled HydroFlyer Limited Warranty.
CDA AQUA SPORTS AND HYDROFLYER SAFETY WAIVER
Use of the Products may carry some risk, including risk of injury or death to you or any person who uses the Products.
We take every precaution to ensure that the Products are as safe as possible, and that at all times clear, up-to-date instructions for use and care of the Products are provided to our users. Using the Products at all times in conformity with all instructions, manuals, user guides, and other materials will significantly reduce the risk of harm to you and any person using the Products with you. We encourage you to familiarize yourself with all instruction and safety materials.
You acknowledge and agree that you use the Products freely, voluntarily and absolutely at your own risk and with a full appreciation of the nature and extent of all risks involved in using the Products.
You further acknowledge and agree that due to the nature of the activities associated with the Products, it would be unreasonable for us to be in any way responsible for any injury to you or any person that uses the Products, including the death of you or any person that uses the Products.
To the full extent permitted by law, upon purchase, you waive all of your legal rights of action against and fully release us for any loss, damage, injury or death arising out of or in relation to your use of the Products, or use of the Products by any other person. This waiver includes (without limitation) any right you or any other person might derive from our liability for any negligent or tortious act or omission, our breach of duty, or breach of contract or breach of statutory duty by us, our directors, employees, or agents.
This waiver is binding on you, and your executors, your legal personal representative, and your estate, and we will rely on this waiver.
CDA AQUA SPORTS LIMITED WARRANTY
Late Delivery
We aim to deliver every unit in the specified time frames, however, on rare occasions delivery may be delayed due to factors out of our control, such as acts of God, or government shutdowns. We are not able to issue refunds due to late delivery caused by factors out of our control. In the case of late delivery, we will do our utmost to arrange alternative options, and pass on realistic wait times.
HYDROFLYER LIMITED WARRANTY
This HydroFlyer Limited Warranty applies to the HydroFlyer product purchased from HydroFlyer or its authorized retailers or resellers (CDA Aqua Sports) for personal non-commercial use and not for resale. The purchaser or user of the HydroFlyer product at issue (the “Product”) shall be referred to as “you” in this Limited Warranty.
By using the HydroFlyer Product, you agree to be bound by this Limited Warranty.
What Does My Warranty Cover?
Under this Limited Warranty, HydroFlyer warrants for the coverage period that the Product will be free from material and workmanship defects under normal use in accordance with HydroFlyer’ published product materials. HydroFlyer’ published product materials include, but are not limited to, user manuals, safety guidelines, specifications, in-app notifications, and service communications from HydroFlyer or its authorized representatives.
How Long Does My Warranty Coverage Period Last?
The coverage period begins the date of retail purchase of the HydroFlyer Product and ends:
- a) One year for components comprising the board, as are further be described in the Product’s manual(s);
- b) One year for all components comprising the foil and wing, as may further be described in the Product’s manual(s); and
- c) The earlier of ONE year or 300 battery cycles for the Product’s battery.
What Service Will HydroFlyer Provide Under The Warranty?
If a covered defect arises during the coverage period, HydroFlyer will, at its option, (1) repair the affected Product at no charge using new parts or parts that are equivalent to new in performance and reliability, (2) exchange the affected Product with a functionally equivalent Product that is new or formed from new and/or previously used parts that are equivalent to new in performance and reliability or, with your consent, a Product that is at least functionally equivalent to the Product it replaces; or (3) a refund the original purchase price for the affected Product.
How Do I Get Warranty Service?
If a Product does not function as warranted during the coverage period, you may obtain after-sales service by contacting CDA Aqua Sports at the email address cdaaquasports@gmail.com or as published on CDA Aqua Sports website. You will need to provide a valid proof-of purchase, receipt, or order number for the warranty service.
What Service Will HydroFlyer Provide?
If a covered defect arises during the coverage period, CDA Aqua Sports will, at its option, (1) repair the affected Product at no charge using new parts or parts that are equivalent to new in performance and reliability, (2) exchange the affected Product with a functionally equivalent Product that is new or formed from new and/or previously used parts that are equivalent to new in performance and reliability or, with your consent, a Product that is at least functionally equivalent to the Product it replaces; or (3) a refund the original purchase price for the affected Product. If your problem cannot be resolved over the telephone, through e-mail, or online chats, or through software updates, you may be required to deliver the Product to HydroFlyer for further examination. HydroFlyer will arrange for repair or replacement service at no cost if the problem falls under this Limited Warranty. Customers are responsible for shipping expenses at HydroFlyer discretion for repair services.
What Is Not Covered By My Warranty?
This policy does not cover the following:
1) Damage caused by unauthorized modification or repair of the Product, including, but not limited to, modification of its internal circuitry, components, or battery(ies);
2) Damage caused by misuse and/or improper use, or operation that is contrary to the guidance of the Product’s manual(s);
3) Failure to properly maintain and care for the Product and its components in accordance with the instructions found within the Product’s manual(s);
4) Damage caused from the use of unauthorized or unauthenticated third-party parts, materials, or components; 5) Damage caused by operating the Product with a low charged battery;
6) Damage caused due to crash, ocean debris, physical impact, or fire resulting from nonmanufacturing factors, including but not limited to, user error, use in unsafe locations, and/ or use in unsafe conditions, such as inclement weather;
7) Damage caused by operating the Product in an environment suffering from interference from other wireless devices or electromagnetic interference;
8) Error-free operation of a Product;
9) Loss of, or damage to, your data;
10) Any software programs, whether provided with the Product or installed subsequently;
11) Damage or defects caused by collisions, abuse, misuse or accidental damage;
12) Damage or defects caused by transport, loading, unloading, dropping, out of water handling, or inappropriate storage including, but not limited to, damage or defects caused by exposure to temperatures over 70’C and under 0’C or due to direct sunlight;
13) Damage or defects caused by non-recreational use; 14) Damage or defects caused by usage of the Product after a warranty issue is made or reported, or a customer reasonably should have made or issued such a claim in the exercise of reasonable diligence;
15) Any damage except manufacturing defects in material or workmanship;
16) Damage caused by lightning, hail, rain, flooding, wind, sand, floods or other environmental or natural conditions or Acts of God; and/or
17) Damage caused by cleaning products not specifically approved in the product’s manual(s).
Waiver Of Liability
Obligations During Warranty Service:
WHEN PROVIDING WARRANTY SERVICE, HYDROFLYER IS RESPONSIBLE FOR LOSS OR DAMAGE TO YOUR PRODUCT ONLY WHILE IT IS IN HYDROFLYERS POSSESSION OR IN TRANSIT, IF HYDROFLYER IS RESPONSIBLE FOR TRANSPORTATION. HYDROFLYER SHALL NOT BE HELD RESPONSIBLE FOR LOSS OR DISCLOSURE OF ANY DATA, INCLUDING CONFIDENTIAL INFORMATION, PROPRIETARY INFORMATION, OR PERSONAL INFORMATION, CONTAINED IN A PRODUCT.
Waiver Of Liability And Limitation Of Liability:
The following waiver of liability and limitation of liability shall apply to any and all users of the Product and shall apply regardless of whether the Product was purchased from HydroFlyer or its authorized retailers or resellers. Use of the Product signifies the user’s acceptance of and agreement to the following waiver of liability and limitation of liability
HYDROFLYER AND CDA AQUA SPORTS WILL NOT BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR ATTORNEYS’ FEES REGARDLESS OF THE TYPE OF CLAIM (INCLUDING CLAIMS FOR NEGLIGENCE AND NEGLIGENCE PER SE, EVEN IF THE CLAIM ARISES OUT OF OR RELATES TO HYDROFLYERS SOLE, EXCLUSIVE, OR JOINT NEGLIGENCE), ARISING OUT OF OR RELATING, IN ANY WAY, TO THIS AGREEMENT OR THE USE OF HYDROFLYER PRODUCTS. UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, SHALL HYDROFLYER BE LIABLE FOR THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES OR LOSS, DAMAGE OR DISCLOSURE OF YOUR DATA. HYDROFLYERS AGGREGATE LIABILITY IS IN ALL EVENTS LIMITED TO FIVE (5) TIMES THE AMOUNT PAID FOR THE PRODUCT AT ISSUE HEREUNDER, WHETHER THE CLAIM ARISES UNDER CONTRACT, STATUTE, OR COMMON LAW.
Warranty Disclaimer:
HYDROFLYER AND CDA AQUA SPORTS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, WARRANTY OF NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT SUCH WARRANTIES CANNOT BE DISCLAIMED, HYDROFLYER LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT HYDROFLYERS´ OPTION, THE REPAIR OR REPLACEMENT SERVICES PROVIDED IN THIS LIMITED WARRANTY.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
What Other Rights Might I Have?
This Limited Warranty provides you with certain specific legal rights, but also limits certain
liabilities of HydroFlyer and CDA Aqua Sports. You may have additional or different rights depending on your jurisdiction or the applicable governing authority. To the extent that the laws or regulations governing consumer products in your jurisdiction cannot be waived or limited by agreement, this Limited Warranty shall not be construed to so waive or limit such laws or regulations.
Note: Due to the hazmat nature of high-capacity lithium batteries, shipping and logistics will need to be highly coordinated, and may incur extra fees. Damaged batteries may not be eligible for returns, so we will need to coordinate safe handling.
EXCEPTIONS
For defective products or damage from shipments, please contact us to arrange a warranty replacement, insurance claim or exchange.
QUESTIONS
If you have any questions with this policy, please contact us at: cdaaquasports@gmail.com